Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 258
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Health Policy (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.4301, Florida Statutes, is amended
    6  to read:
    7         627.4301 Genetic information for insurance purposes.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Genetic information” means information derived from
   10  genetic testing to determine the presence or absence of
   11  variations or mutations, including carrier status, in an
   12  individual’s genetic material or genes that are scientifically
   13  or medically believed to cause a disease, disorder, or syndrome,
   14  or are associated with a statistically increased risk of
   15  developing a disease, disorder, or syndrome, which is
   16  asymptomatic at the time of testing. Such testing does not
   17  include routine physical examinations or chemical, blood, or
   18  urine analysis, unless conducted purposefully to obtain genetic
   19  information, or questions regarding family history.
   20         (b) “Genetic test results” includes, but is not limited to,
   21  results of direct-to-consumer commercial genetic testing.
   22         (c) “Health insurer” means an authorized insurer offering
   23  health insurance as defined in s. 624.603, a self-insured plan
   24  as defined in s. 624.031, a multiple-employer welfare
   25  arrangement as defined in s. 624.437, a prepaid limited health
   26  service organization as defined in s. 636.003, a health
   27  maintenance organization as defined in s. 641.19, a prepaid
   28  health clinic as defined in s. 641.402, a fraternal benefit
   29  society as defined in s. 632.601, or any health care arrangement
   30  whereby risk is assumed.
   31         (d)“Life insurer” has the same meaning as provided in s.
   32  624.602 and includes an insurer issuing life insurance contracts
   33  that grant additional benefits in the event of an insured’s
   34  disability.
   35         (e)“Long-term care insurer” means an insurer that issues
   36  long-term care insurance policies as described in s. 627.9404.
   39         (a) In the absence of a diagnosis of a condition related to
   40  genetic information, no health insurer authorized to transact
   41  insurance in this state may cancel, limit, or deny coverage, or
   42  establish differentials in premium rates, based on such
   43  information.
   44         (b) Health insurers may not require or solicit genetic
   45  information, use genetic test results, or consider a person’s
   46  decisions or actions relating to genetic testing in any manner
   47  for any insurance purpose.
   48         (c) This subsection section does not apply to the
   49  underwriting or issuance of a life insurance policy, disability
   50  income policy, long-term care policy, accident-only policy,
   51  hospital indemnity or fixed indemnity policy, dental policy, or
   52  vision policy or any other actions of an insurer directly
   53  related to a life insurance policy, disability income policy,
   54  long-term care policy, accident-only policy, hospital indemnity
   55  or fixed indemnity policy, dental policy, or vision policy.
   58  INSURERS.—
   59         (a)A life insurer, long-term care insurer, or disability
   60  income insurer may not:
   61         1.Require an applicant to take a genetic test;
   62         2.Collect an applicant’s genetic information or genetic
   63  test results without the applicant’s authorization; or
   64         3.Consider the results of a genetic test that is designed
   65  to share information with an individual concerning the
   66  applicant’s race, ethnicity, or national origin and that is not
   67  related to an applicant’s medical condition or future health
   68  risk.
   69         (b)A life insurer, long-term care insurer, or disability
   70  income insurer may only consider genetic test results included
   71  in an individual’s medical record if the tests have been
   72  reviewed and confirmed by the individual’s physician and the
   73  insurer complies with paragraph (c).
   74         (c)A life insurer, long-term care insurer, or disability
   75  income insurer may not cancel, limit, or deny coverage, or
   76  establish differentials in premium rates, based on genetic
   77  information unless such action is based on objective statistical
   78  evidence related to actual or anticipated loss experience that
   79  is relevant to an individual’s life expectancy or health. A life
   80  insurer, long-term care insurer, or disability income insurer
   81  shall document the rationale for such action and provide the
   82  documentation to the office upon request.
   83         (d)Genetic information, including genetic test results, is
   84  nonpublic, private health information and is subject to the
   85  privacy protections under ss. 626.9651 and 760.40.
   86         (e)This subsection does not relieve the obligation of a
   87  life insurer, long-term care insurer, or disability income
   88  insurer to comply with ss. 626.9706 and 626.9707.
   89         (f)This subsection does not apply to health insurers.
   90         (g)This subsection applies to policies entered into or
   91  renewed on or after January 1, 2020.
   92         Section 2. Section 760.40, Florida Statutes, is amended to
   93  read:
   94         760.40 Genetic testing; informed consent; confidentiality;
   95  penalties; notice of use of results.—
   96         (1) As used in this section, the term “DNA analysis” means
   97  the medical and biological examination and analysis of a person
   98  to identify the presence and composition of genes in that
   99  person’s body. The term includes DNA typing and genetic testing,
  100  which includes direct-to-consumer commercial genetic testing.
  101         (2)(a) Except for purposes of criminal prosecution, except
  102  for purposes of determining paternity as provided in s. 409.256
  103  or s. 742.12(1), and except for purposes of acquiring specimens
  104  as provided in s. 943.325, DNA analysis may be performed only
  105  with the informed consent of the person to be tested, and the
  106  results of such DNA analysis, whether held by a public or
  107  private entity, are the exclusive property of the person tested,
  108  are confidential, and may not be disclosed without the consent
  109  of the person tested. Such information held by a public entity
  110  is exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
  111  I of the State Constitution.
  112         (b) A person who violates paragraph (a) is guilty of a
  113  misdemeanor of the first degree, punishable as provided in s.
  114  775.082 or s. 775.083.
  115         (3) A person, including an entity providing direct-to
  116  consumer commercial genetic testing, who performs DNA analysis
  117  or receives records, results, or findings of DNA analysis must
  118  provide the person tested with notice that the analysis was
  119  performed or that the information was received. The notice must
  120  state that, upon the request of the person tested, the
  121  information will be made available to his or her physician. The
  122  notice must also state whether the information was used in any
  123  decision to grant or deny any insurance, employment, mortgage,
  124  loan, credit, or educational opportunity. If the information was
  125  used in any decision that resulted in a denial, the analysis
  126  must be repeated to verify the accuracy of the first analysis,
  127  and if the first analysis is found to be inaccurate, the denial
  128  must be reviewed.
  129         (4)A person, including a company providing direct-to
  130  consumer commercial genetic testing, may not sell, release, or
  131  share any personal identifying health information about a
  132  consumer with a life or health insurance company without a prior
  133  written authorization and a written request from the consumer
  134  for release of the information.
  135         Section 3. This act shall take effect July 1, 2019.
  137  ================= T I T L E  A M E N D M E N T ================
  138  And the title is amended as follows:
  139         Delete everything before the enacting clause
  140  and insert:
  141                        A bill to be entitled                      
  142         An act relating to the use of genetic information;
  143         amending s. 627.4301, F.S.; defining the terms
  144         “genetic test results,” “life insurer,” and “long-term
  145         care insurer”; prohibiting life insurers, long-term
  146         care insurers, and disability income insurers from
  147         certain actions relating to genetic information or
  148         genetic testing of applicants; providing that such
  149         insurers may consider an individual’s genetic test
  150         results only under certain circumstances; prohibiting
  151         such insurers from taking certain actions relating to
  152         coverage or rates unless certain conditions are met;
  153         providing that genetic information is nonpublic,
  154         private health information and is subject to certain
  155         privacy protections; providing construction and
  156         applicability; amending s. 760.40, F.S.; revising the
  157         definition of the term “DNA analysis”; specifying that
  158         certain requirements relating to DNA analysis apply to
  159         entities providing direct-to-consumer commercial
  160         genetic testing; prohibiting certain actions by such
  161         entities without a prior written authorization and
  162         request from the consumer for release of certain
  163         information; providing an effective date.